AB 37 California Assembly · 2021-2022 Regular Session

Elections: vote by mail ballots.

Summary
Existing law requires county elections officials to mail a ballot to every registered voter for all elections proclaimed or conducted prior to January 1, 2022. Existing law requires county elections officials to use a specified Secretary of State vote by mail tracking system or a system that meets the same specifications. This bill would extend the requirements to mail a ballot to every registered voter to all elections and apply them to all local elections officials. This bill would require a vote by mail tracking system to be accessible to voters with disabilities. The bill would also make various conforming and technical changes. Existing law requires county elections officials to permit voters with a disability, and military or overseas voters, to cast a ballot using a certified remote accessible vote by mail system, and required county elections officials to permit any voter to cast a ballot using a certified remote accessible vote by mail system for the November 3, 2020, statewide general election. This bill would require county elections officials to permit any voter to cast a ballot using a certified remote accessible vote by mail system for any election. Under existing law, a vote by mail ballot is timely cast if it is voted on or before election day and, if returned by mail, received by the voter's elections official via the United States Postal Service, or a bona fide private mail delivery company, no later than 3 days after election day. This bill would provide instead that a vote by mail ballot is timely cast if it is voted on or before election day and, if returned by mail, received no later than 7 days after election day. This bill would authorize an elections official to consider any information from the United States Postal Service or a bona fide private mail delivery company that indicates the date on which the ballot was mailed, in order to determine whether a vote by mail ballot was timely cast. Existing law authorizes a jurisdiction in which vote by mail ballots are cast to begin processing vote by mail ballot return envelopes 29 days before the election. Existing law authorizes a jurisdiction having the necessary computer capability to start processing vote by mail ballots on the 15th business day before the election, except, for the statewide general election held on November 3, 2020, these jurisdictions were authorized to start processing the ballots on the 29th day before the election. Existing law authorizes all other jurisdictions to start processing vote by mail ballots at 5 p.m. on the day before the election. Existing law authorizes a county elections official to establish vote by mail ballot drop-off locations, as defined. Existing law authorizes a county to conduct any election as an all-mailed ballot election under certain specified conditions. This bill would require any county that does not conduct an all-mailed ballot election to provide at least two vote by mail ballot drop-off locations within the jurisdiction where the election is held, or at least one vote by mail ballot drop-off location for every 30,000 registered voters within the jurisdiction where the election is held, whichever results in more vote by mail ballot drop-off locations. In a jurisdiction with fewer than 30,000 registered voters, the bill would require at least one vote by mail ballot drop-off location, and would require the elections official to make a reasonable effort to provide a ballot drop-off location in the jurisdiction where the election is held. This bill would require the operation of vote by mail ballot drop-off locations to meet certain specified criteria. This bill would authorize a jurisdiction having the necessary computer capability to start processing vote by mail ballots the 29th day before any election. By requiring local elections officials to mail a ballot to every registered voter, and to take other actions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status signed all 5 stages cleared
Introduction
Dec 2020
Committee Review
Aug 2021
Assembly Passage
May 2021
Senate Passage
Sep 2021
Signed into Law
Sep 2021
Introduced Dec 7, 2020 Signed Sep 27, 2021
Floor votes · Senate Sep 2, 2021 · Assembly May 27, 2021

How they voted

286
Passed · 3 other
Total votes 37
Sep 2, 2021
D Democratic29
28 Yea 1
96% Yea
R Republican8
6 Nay 2
75% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
9
Committee
8
Amendments
8
Sep 27, 2021
Signed into law
Approved by the Governor.
legislature
Sep 3, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 17. Page 2779.).
lower
Sep 2, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
lower
Sep 2, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2338.).
upper
Aug 26, 2021
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Aug 26, 2021
Introduced
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).
upper
Aug 16, 2021
Committee
In committee: Referred to suspense file.
upper
Jul 14, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 13, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 12).
upper
Jul 1, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.
upper
Jun 9, 2021
Committee
Referred to Com. on E. & C.A.
upper
May 27, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 16. Page 1592.)
lower
May 20, 2021
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 4.) (May 20).
lower
May 19, 2021
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 15, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 15). Re-referred to Com. on APPR.
lower
Apr 8, 2021
Committee
Re-referred to Com. on ELECTIONS.
lower
Apr 7, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
lower
Jan 11, 2021
Committee
Referred to Com. on ELECTIONS.
lower
Dec 8, 2020
Lower · Passed
From printer. May be heard in committee January 7.
lower
1 primary · 10 co-sponsors

Sponsors